In addition to the purchase and sale agreement, during the execution of the transaction for the transfer of ownership of the garage, the parties will have to draw up and sign an additional document - the transfer and acceptance certificate.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:
8 (800) 700 95 53
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FREE !
For transactions related to the purchase and sale of capital real estate, this document is mandatory.
basic information
The act of acceptance and transfer of the garage acts as an addition to the main agreement. The main purpose of the transfer deed is to certify that the seller has actually fulfilled his obligation to transfer the garage, and the buyer has accepted the goods and paid the purchase price for it.
What information does it contain?
Since the act itself does not entail the emergence, change or termination of civil rights and obligations and cannot exist separately from the main contract, it is not worth transferring all the clauses from the DCP into it.
It is enough to refer to the DCP and indicate its number (if available), date, place of preparation and names of the parties involved. In other words, the act must allow identification of the policy in addition to which it was drawn up.
These are the points that must be indicated in the object acceptance certificate:
- date and place of the act;
- a detailed description of all deficiencies identified during the inspection of the garage;
- an indication of who will eliminate the identified deficiencies and at whose expense;
- a clause indicating the absence of claims on the part of the buyer and the acceptance of the garage in the condition in which it is at the time of purchase;
- an indication of what additional accessories are supplied with the garage, the condition of these items;
- details of the parties, addresses of location and/or residence, signatures, reference to the power of attorney (if a legal representative is acting on behalf of any party);
- a garage purchase price clause indicating that money was actually transferred from the buyer to the seller.
Details of the acceptance certificate
When drawing up an act of acceptance and transfer of a garage when concluding an agreement between individuals for the lease or sale of real estate, the form must indicate:
- details of the seller (lessor) and buyer (tenant) - full name, passport number, place of residence;
- garage number, area, address;
- description of the garage after the inspection;
- date and signatures of the parties on the form.
Legislation
There is no separate regulatory document devoted to the issues of drawing up a transfer deed.
The parties can use the so-called analogy of law, that is, apply the norms of any special law to relations not regulated by general law, but only if the relations regulated by special law are similar to relations not regulated by law.
So, for example, by analogy with the law, you can apply the provisions of Art. 8 Federal Law No. 214 of December 30, 2004 “On participation in shared construction...”.
Based on part 1 of this article, the transfer deed indicates:
- transfer date;
- basic parameters of the room;
- other information at the discretion of the parties.
Purpose
The act solves several important problems:
- certifies the fact of transfer by the seller of the object and the fact of its acceptance by the buyer;
- protects the interests of the parties by recording the condition of the garage at the time the deed is signed, for the purpose of resolving disputes about the condition at any point in time before or after the actual transfer;
- is an addition to the main contract and reveals in more detail the technical characteristics of the property, the presence, absence and condition of additional accessories, etc.
Carrying out an inspection
Before drawing up the deed, the parties need to check that each other has the documents necessary to conclude the main agreement, because a transfer deed without a contract simply has no legal force.
Here are the papers you will need:
- passports or certificates of registration (depending on the status of the parties involved);
- technical passport for the land plot;
- garage registration certificate;
- a document certifying the fact that the seller has joined the garage-building cooperative (if the object is corporate);
- cadastral number of the land plot.
Rules for drawing up an act of acceptance of the transfer of a garage
The act is drawn up in a manner similar to the DCP, that is, by drawing up one document signed by the parties.
But the number of copies can be any. As a rule, the act is drawn up in 3 copies - one remains with the seller, the other with the buyer, and the third is sent to Rosreestr along with the rest of the documents for state registration of the main agreement.
Between individuals
Individuals must provide information that allows them to be accurately identified:
- Full name as in the passport;
- passport information (series, number, who issued it, date of issue, department code);
- registration address and place of actual residence;
- contact numbers, email address, etc.
Between legal entities
The form, essential terms and text of the act are practically the same depending on the parties involved.
However, in the section devoted to the details of the parties, slightly different parameters are indicated for legal entities:
- full name of the company or its separate division;
- TIN;
- OGRN;
- tax registration reason code;
- registration and location address;
- manager's phone number.
You should also indicate the name and position of the responsible person authorized to carry out transactions on behalf of the company. Typically, this responsible person is the CEO or founder.
By proxy
If another citizen/legal entity is acting on behalf of an individual or legal entity, you will need to draw up a power of attorney in the manner prescribed by Chapter 10 of the Civil Code of the Russian Federation.
Accordingly, the full name of the legal representative and details of the power of attorney must be indicated in the transfer and acceptance certificate.
Based on Part 1 of Art. 185.1. According to the Civil Code of the Russian Federation, a power of attorney must be certified by a notary if the authority provided for by it involves filing applications for state registration or disposing of registered rights in state registers.
It should be remembered that a power of attorney allows you to perform only certain actions specified in it. Therefore, vesting the representative with the appropriate powers must be indicated in the text of the power of attorney.
Samples
We offer you 2 samples of transfer deeds:
- form of acceptance certificate for garage No. 1;
- sample No. 2.
How to draw up a document correctly
What you need to know about the transfer and acceptance certificate:
The document is generated in free form, since there is no unified form. If the seller is a legal entity, then you can print the document on letterhead with the company logo and details. It is not prohibited to fill out the act by hand; you can enter all the data on the computer, and then print it out and put only signatures.
In an organization, the preparation of such documents is usually entrusted to an authorized employee: this may be a secretary, legal adviser, clerk, etc.
The completed and signed document must be kept in the organization along with payment documents for the transaction and the purchase and sale or lease agreement. Data about the act is entered into the journal of registration of incoming documents, if the company or enterprise maintains it.
After the transaction is completed, the documents are sent to the accounting department, where specialists reflect the actions with the object in the organization’s accounting (for legal entities).
The act consists of 3 parts: the header, the main part and the final part.
A cap
The following information is posted here:
- the fact that the act is an annex to the garage sale and purchase agreement is indicated by the details of the document;
- name of the act and its number;
- place of signing;
- day of signing.
Main part
This part begins with information about the parties to the transaction (seller and buyer, lessor and lessee). Indicate the name of the company if a legal entity is involved in the transaction, or full name if an individual (citizen or individual entrepreneur). The general director can act on behalf of the organization; it is he who will sign the agreement and act, so his full name must also be indicated. Then they enter data on the lease or purchase and sale agreement, the annex to which is the act: this is the number and date of signing.
Next, they begin to describe the object of the transaction, that is, the garage. The following information is entered about him:
- name (garage);
- the address where it is located;
- number of floors;
- square;
- cadastral number of the plot on which the garage is located;
- heating type (if any);
- number of parking spaces;
- external condition (here you can describe in detail the condition of the walls, ceiling, floor, doors, equipment that is inside, in general, enter data on the quality of the repair);
- the condition of electricity, heating (if any), any other communications;
- identified shortcomings of the garage (this point is also advised to be described in detail in order to avoid further claims from the second party to the transaction);
- list of attached documents.
The final part of the document
The act is completed with information that the buyer (tenant) has no claims against the seller (lessor) regarding the condition of the garage, and the seller (lessor) has no claims against the buyer (tenant) regarding settlement of the transaction. They also indicate that all documents and data in them have been verified, money has been paid to the organization’s cash desk or transferred to an account, the document has been drawn up in 2 copies and both of them are legally equivalent.
This is interesting: Indicators that affect the cost of compulsory motor liability insurance
At the end, both parties put their signatures and their transcripts.
There is no need to notarize the deed of acceptance of the garage. Only the signatures of the parties to the transaction are sufficient.
Important! All documents for the garage, as well as the keys to it, are handed over to the buyer or tenant at the time of signing the acceptance certificate.
Algorithm of actions
Here is a short algorithm for drawing up a transfer and acceptance certificate:
- coordination of the terms of the main agreement, its preparation and conclusion;
- checking the documents of each party from each other;
- drawing up a transfer deed in writing, containing the date, place of drawing up, information about the participants, the characteristics of the garage, its value, the condition of the property, signatures and contacts of the parties (can be drawn up either in handwritten or electronic form);
- fulfillment of the requirements of the act - that is, the actual transfer of property from the seller to the buyer and the buyer’s acceptance of the garage, payment of the purchase price stipulated by the contract;
- State registration of the transaction in Rosreestr.
The parties need to check the act for compliance with certain requirements:
- the presence in it only of reliable information about the parties to the process;
- the ability to accurately and completely identify the property based on information from the act;
- the presence of a descriptive characteristic of the garage, its condition at the time of transfer.
Other tips
- If shortcomings are discovered after signing the deed, you are not deprived of the opportunity to defend your rights in court. You can ask to terminate the contract and return the rental price, you can also eliminate the shortcomings yourself, and then demand compensation from the lessor for expenses or losses incurred
. Remember that this amount will need to be proven in court, and for this you will need checks and other supporting documents. - When the tenant carries out routine repairs, he must remember that such an obligation is assigned to him by law, unless, of course, the contract provides for a different procedure.
- When a garage is real estate with a solid foundation and an inextricable connection with the land, then the deed reflects the details of the land plot under the garage: cadastral number, area, type of use. True, demarcated areas under garages are rare, so the details of the main area are indicated.
- Remember that all details and descriptions of the garage must correspond to those specified in the main contract. If the cadastral number of the object does not coincide with the one indicated in the main agreement, then such an act is void and it turns out that no one transferred anything to anyone.
- The parties to the purchase and sale agreement should sign the act only after settlements have taken place.
- Witnesses can be involved in the registration; they can also sign the deed and confirm that the garage has actually been transferred to the buyer or tenant.
About
act of acceptance and transfer of land
read here.
Conclusion
Thus, the transfer act, on the one hand, duplicates the clauses of the main agreement, on the other hand, it complements it and confirms the fact of the transfer. We advise you not to make this document a formality, but to treat it with caution
. Sign the document only if the keys to the garage and documents for it are actually handed over to you.
The Garage Acceptance and Transfer Certificate is a mandatory annex to the purchase and sale agreement. Without this document, the main agreement is not recognized as valid
. Therefore, it is recommended to know the rules for drawing up and filling out this act.
What is the penalty for not having a document?
Ab. 3 hours 1 tbsp. 556 of the Civil Code of the Russian Federation determines what legal consequences occur if one of the parties refuses to sign the transfer deed:
- if the seller refuses, it is considered that he has not fulfilled his obligation to transfer the property;
- if the buyer refuses, it is considered that he has not fulfilled his obligation to accept the property.
The transaction may simply not be registered with Rosreestr, and you will have to contact this department in most cases - for example, when renting a garage for a period of more than 1 year or when purchasing a garage recognized as capital.
Since the obligation of the party that refused to sign is considered unfulfilled, the main contract is declared invalid, after which the legal consequences defined in Art. 167 Civil Code of the Russian Federation.
Peculiarities
Some nuances:
- in the act it is better not to indicate points that can be interpreted in two ways;
- if the garage has significant deficiencies, they should be described in as much detail as possible, indicating the person who will be involved in their elimination;
- You should indicate all the items that are in the garage at the time of its sale/rent.
Rent
The deed of transfer for a lease is no less important than for a sale. The document will allow you to prove that at the time of transfer the garage was actually in a certain condition, or that there were/were no items/property in it. It is also recommended to attach clear photographs of the interior and exterior of the garage to the deed.
According to the purchase and sale agreement
As a rule, the bulk of claims after a purchase arise from the buyer. To avoid litigation, it is necessary to indicate in the act that the parties have no mutual claims.
Features of the document
The procedure for drawing up the transfer and acceptance certificate itself includes only a few steps.
Moreover, it will be possible to draw up such a document either using a personal computer or in another way - manually. You just need to remember the need to comply with legally important points.
In particular, avoid inaccuracies. This act, like the purchase and sale agreement, implies bilateral signing.
Otherwise, it may be declared invalid. There are a number of typical questions that you will need to familiarize yourself with first.
These issues today include the following:
- how to fill out the form (between individuals, legal entities or by proxy);
- sample of filling out the document;
- if the lease agreement;
- under a purchase and sale agreement.
How to fill out the form
The procedure for filling out the form is relatively simple. But there are subtleties associated specifically with the parties that will appear in a particular document, with their civil and legal status.
Between individuals
The least difficult is the drawing up of an act between individuals who are parties to the transaction.
It is important to pay attention to the accuracy of the reflected personal data of these individuals:
- last name, first name and patronymic;
- passport data (series and number, place and issue, who issued it);
- place of permanent residence and registration;
- other.
Most often, no difficulties arise when forming a deed between individuals. But we should not forget about a number of different subtleties associated with drawing up the act as such.
Between legal entities
Situations often occur when real estate is also acquired by legal entities.
According to the legislation of the Russian Federation, such people also have the right to property. In this case, you should not neglect the right to draw up a transfer and acceptance certificate.
In this document you will need to indicate exact data on the legal entities themselves:
- full legal name of the organization or separate division;
- individual tax number;
- registration reason code;
- OGRN.
You may also additionally need to indicate the last name, first name, patronymic and position of the head of the enterprise or the person authorized to carry out transactions on behalf of the legal entity.
In each case, everything is purely individual and depends on the specific case. It is better to familiarize yourself with all the subtleties in advance.
By proxy
A separate case is the drawing up of an act of acceptance and transfer by power of attorney.
It is important to consider that such a document is valid for the court and other government bodies only in the following cases:
- the power of attorney is duly notarized;
- it is used by the citizen whose name appears in it;
- Along with the power of attorney, an identification document is provided - a passport of a citizen of the Russian Federation or another.
Only if the above conditions are met will it be possible to issue a transfer and acceptance certificate by proxy.
Accordingly, in the document itself it will be necessary to indicate the fact of using a power of attorney and indicate the details of the legal representative.
The cost of certification of a power of attorney may vary depending on the region.
The price is influenced by the volume of technical work, as well as the state price list for the provision of such legal services.
Sample filling
If you have no experience in drafting such documents, the best solution would be to familiarize yourself with a correctly compiled sample.
Video: car purchase and sale agreement between individuals
Thus, by forming an act following an example, it will be possible to minimize the likelihood of making mistakes.
The standard set of sections of the garage acceptance certificate currently includes the following:
- the name of the document itself;
- city of compilation and date;
- indication of the exact details of the parties who entered into the relevant agreement;
- passport numbers, as well as individual tax number;
- designation of the parties to the contract themselves;
- the main parameters of the garage and its location are indicated;
- a complete list of equipment transferred along with the real estate is established;
- the fact of transfer of keys is indicated, as well as the number of sets of them;
- the number of copies of the acceptance certificate being drawn up is indicated;
- The signatures of the parties must be affixed with a transcript.
